DUI or driving under the influence is one of the most commonly committed offences in the US. Many people end up in front of a judge every year because of this and some suffer serious consequences such as:
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Suspension of their licenses
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Being held liable for property damage
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Prison sentences etc.
However, there are many people who are convicted of these charges unfairly. There are many circumstances that can lead to a wrongful DUI charge. If you're unaware of the situation, you could end up getting punished unfairly. How can you fight against such charges?
Argue that the Stop was Unlawful
Although the standards vary from state to state, police officers are generally required to have a genuine reason for pulling you over. If you're being charged for a DUI, the stop can only be considered lawful if the police saw behavior that indicated you were drunk such as:
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Driving erratically
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Driving without your headlights
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Braking suddenly
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Speeding
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Ignoring traffic signs etc.
If there is nothing about your driving that indicated you were under the influence, a police officer should have no reason to pull you over. If an officer purposely picked you and no one else or simply pulled you over randomly, this is also considered to be a violation of your rights.
Failure to Read Miranda Rights
It may seem like the simplest of oversights but many police officers fail to read suspects their Miranda rights when arresting them. Not being read your Miranda rights doesn't mean that you get a free pass. However, if you said something after being arrested that could be damaging to your case, such statements will not be included as part of the evidence.
Fight the Test
Just because the test says you were under the influence doesn't make it true. The tests used to measure blood alcohol levels have often been found to be inaccurate. For example, breathalyzer tests are known to be unreliable for a number of reasons. Even when the test is properly administered with instruments that are error free, there are still factors that can result in faulty readings. For example, people with severe heartburn may get erroneous results for these tests.
Hire an Attorney
When you have a criminal defense lawyer that works with DUI cases on your side, fighting an unfair DUI charge is much easier. Thanks to their experience and knowledge, attorneys are familiar with the many ways that a driver can be unfairly accused of driving under the influence. Therefore, they'll know how best to fight the charge.
